FLEET AND INDUSTRIAL 

SUPPLY CENTER, PUGET SOUND 

AND 

BREMERTON METAL TRADES 

COUNCIL 

NEGOTIATED AGREEMENT 
INDEX 

ARTICLE # TITLE PAGE NO 

Preamble................................................... 2 

Witnesseth................................................ 2 

Recognition and Coverage of Agreement ..................... 2 

Rights of the Employer.................................... 2 

Rights of the Employees................................... 3 

Rights of the Union ....................................... 3 

Provisions of Law and Regulations ......................... 5 

Matters Appropriate for Negotiation........... ........... . 6 

Union Representation ...................................... 6 

Hours of Work .............................................. 8 

Overtime.................................................. 10 

Annual Leave.............................................. 11 

Administrative Leave and Leave of Absence................. 11 

Sick Leave................................................ 12 

Environmental Differential Pay for Wage Grade Employees... 14 

Promotions................................................. 16 

Assignment of Work ....................................... 20 

Development and Review of Position and Job Descriptions... 21 

Disciplinary Action ..................................... 21 

Health and Safety....................................... 22 

Training.................................................. 24 

Publicity.................................................. 24 

Personnel Movement in RIF Situations and Rehiring......... 25 

Civic Responsibilities................................... 25 

Committee Assignments............................... 26 

Grievance Procedure................................ 26 

Arbitration ............................................... 30 

Voluntary Allotment of Union Dues......................... 32 

Performance Appraisals.................................... 33 

Partnership Council ....................................... 35 

Office Space.............................................. 35 

Definitions.............................................. 36 

Duration and Changes...................................... 38 
PREAMBLE 

This agreement is made by and between the Fleet and Industrial Supply 

Center, Puget Sound (FISCPS), hereinafter referred to as the "Employern and 

the Bremerton Metal Trades Council (BMTC), hereinafter referred to as the 

"Union." 

W ITNESSETH 

In accordance with the provisions of Title VII of the Civil Service 

Reform Act of 1978, and in consideration of the mutual covenants herein set 

forth, the parties hereto intending to be bound, hereby agree as follows: 

mTICLE 1. RECOGNITION AND COVERAGE OF AGREEMENT 

Section 1. The Employer hereby recognizes that the Union is the exclusive 

representative of all collective bargaining unit employees as defined in 

Section 2 below. 

Section 2. The unit to which the agreement is applicable is: 

All employees, including temporary, term, probationary and 

intermittent employees of the 'FISCPS, Bremerton, Washington, including 

employees of the FISCPS Detachment Everett, Everett, Washington, except 

professional employees, management officials, supervisors, employees of 

Manchester Fuel Department and employees described in 5 U.S.C. 71122 

(b) (21, (31, (41, (6) and (7). 

mTICLE 2. RIGHTS OF THE EMPLOYER 

Section 1. It is agreed that the Employer retains the right: 

a. To determine the mission, budget, organization, number of 

employees, and internal security practices of the FISCPS; and 

b. In accordance with applicable laws: 

(1) to hire, assign, direct, layoff, and retain employees in the 

agency; to establish performance standards and performance elements and 

critical elements; or to suspend, remove, reduce in grade or pay, or take 

other disciplinary action against such employees; 

(2) to assign work, to make determinations with respect to 

contracting out, and to determine the personnel by which FISCPS operations 

shall be conducted; 

(3) with respect to filling positions, to make selection for 

appointments from: 
(a) among properly ranked and certified candidates for 

promotion; or 

(b) any other appropriate source; and 

(4) to take whatever actions may be necessary to carry out the 

FISCPS mission during emergencies. 

Section 2. When language in this agreement refers to duties of specific 

employees, it is intended as a guide as to how a situation may be handled. 

The Employer retains the discretion to make work assignments. 

ARTICLE 3. RIGHTS OF EMPLOYEES 

Section 1. Each employee shall have the right to form, join, or assist any 

labor organization, or to refrain from any such activity, freely and 

without fear of penalty or reprisal, and each employee shall be protected 

in the exercise of such right. Except as otherwise provided in this 

agreement such right includes the right: 

a. to act for a labor organization in the capacity of a 

representative and the right, in that capacity, to present the views of the 

labor organization to heads of agencies and other officials of the 

executive branch of the Government, the Congress, or other appropriate 

authorities; and 

b. to engage in collective bargaining with respect to conditions of 

employment through representatives chosen by employees. 

Section 2. Each employee shall have the right to bring work related 

matters, or matters of personal concern, to the attention of the employee's 

designated Union representative and/or appropriate officials of the 

Employer, such as the immediate supervisor, Equal Employment Opportunity 

(EEO) Counselor, Civilian Employee Assistance Program Coordinator, Safety 

Officer, or the Human Resources Office. The employee must obtain the 

immediate supervisor's permission prior to leaving the work site during 

duty hours. 

Section 3. Employees of the unit have the right to have a Union 

representative present at discussions between themselves and supervisors, 

or other representatives of the Employer as hereinafter provided in this 

agreement. This does not apply to day-to-day meetings between the employee 

and the supervisor concerning such items as counseling, planning, 

organizing, directing, evaluating and controlling work. 

ARTICLE 4. RIGHTS OF THE UNION 

Section 1. The Union is the exclusive representative of the empl2ye-?sin 

the unit and is entitled to act for and negotiate collective bar<?-1:::::-.-; 

agreements covering those employees. 
Section 2. The Union will exercise those entitlements without 

discrimination and without regard to labor organization membership 

Section 3. The exclusive representative shall be given the opportunity to 

be represented at any formal discussion between one (1) or more 

representatives of the agency and one or more employees in the unit or 

their representatives concerning any grievance or personnel policy or 

practices or other general condition of employment. 

Section 4. The exclusive representative shall be given the opportunity to 

be represented at any examination of an employee in the unit by a 

representative of the agency in connection with an investigation if: 

a. the employee reasonably believes that examination may result in 

disciplinary action against the employee; and 

b. the employee requests representation. 

Section 5. The Employer agrees to inform unit employees of those rights in 

Section 4 above, semi-annually, in writing. 

Section 6. The parties agree to meet and negotiate in good faith, for 

purposes of arriving at a collective bargaining agreement. If agreement is 

reached, the parties agree to execute, at the request of any party to the 

negotiation, a written document embodying the agreed-to terms, and to take 

such steps as are necessary to implement such agreement. 

;ection 7. Upon written request, the Employer will furnish to the Union 

such data, not prohibited by law, which is normally maintained by the 

Employer in the regular course of business; which is reasonably available 

and necessary for full and proper discussion, understanding, and 

negotiation of subjects within the scope of collective bargaining and; 

which does not constitute guidance, counsel, or training provided for 

management officials or supervisors, relating to collective bargaining. 

The Union recognizes that a five (5) workday period of time may be needed 

by the Employer to respond to such data requests. When it is not possible 

to respond within the time frame an extension may be requested. 

Section 8. The Union has the right to negotiate matters as discussed in 

Article 6 which are the subject of any rule or regulation, provided the 

rule or regulation is not a government-wide rule or regulation regarding 

personnel policies, practices or working conditions affecting unit 

employees or is inconsistent with an agency or government-wide rule or 

regulation or federal law. 

Section 9. The Union has the right to preclude unit employees from being 

represented by an attorney or other representative in any grievance or 

appellate action filed or processed through the grievance procedure of this 

agreement. This applies primarily to meetings, grievances, and 

arbitration. Ic does not apply to EEO procedures or Merit Systems 

3rotection Board (MSPB) hearings. 
Section 10. The Union may not preclude a unit employee from being 

represented by an attorney or other representative while exercising 

grievance appellate rights established by law, rule, or regulation outside 

this agreement, nor in exercising any grievance or appellate rights 

established by law, rule, or regulation. 

Section 11. The Employer will provide the Union with a quarterly listing 

of bargaining unit members. The listing will contain the work area of each 

employee and be sorted by division. Upon request by the Union, the 

Employer will-provide updated data on individual employees who have 

accreted into the unit, or have been transferred, reassigned or promoted 

within the unit. This data will be provided within five (5) workdays of 

request by the Union. 

Section 12. The Employer will provide the Union an opportunity to be 

present at all new employee orientations and, if present, will introduce 

the Union representative. New employees will be provided a copy of this 

agreement during their in-processing and advised of the procedures for 

contacting a Union representative. 

ARTICLE 5. PROVISIONS OF LAW AND REGULATIONS 

Section 1. In the administration of all matters covered in the agreement, 

officials and employees are governed by existing or future laws, and 

government-wide regulations of appropriate authorities, by published 

Department of Defense (DOD) and Navy policies and regulations in existence 

at the time the agreement was approved; and by subsequently published DOD 

policies and regulations required by law or by the government-wide 

regulations of appropriate authorities. 

Section 2. All unit members at FISCPS are subject to FISCPS instructions 

in existence at the time this agreement was approved, as well as 

subsequently published FISCPS instructions. Subsequent instructions 

affecting personnel policies, practices and conditions of employment will 

be processed in accordance with procedures in Article 6, Section 2. All 

FISCPS instructions covering personnel policies, practices and general 

working conditions in existence at the time this agreement is approved 

hereby become a part of and subject to the provisions of this agreement. 

Where the language of this agreement and the language in an instruction in 

existence at the time of the agreement are in conflict, this agreement will 

take precedence. 

Section 3. The Employer agrees to place the Union on the distribution 

list for activity instructions and notices, HRO Manual changes, Civilian 

Personnel Instructions, Secretary of the Navy Instructions, including 

changes, amendments and corrections. These shall be provided by hard copy, 

floppy disk or LAN, as technological advances are implemented. The 

Employer agrees to allow the Union access to the instruction central files 

LR Code 90. 
ARTICLE 6. MATTERS APPROPRIATE FOR NEGOTIATION 

Section 1. If the Employer proposes to make minor changes in personnel 

policies, practices and matters affecting unit employees' working 

conditions, the Division Director will meet and discuss the proposal with 

the Union Chairperson prior to implementation. If the Union considers the 

change to be substantive, or no agreement is reached, the procedures in 

Section 2 of this article will apply. 

Section 2. If the Employer proposes changes in personnel policies, 

practices and matters affecting unit employees' working conditions, which 

cannot be resolved as in Section 1 above, a draft copy of the proposal, 

with supporting documentation, will be submitted to the Union's Chairperson 

and the following procedures will be used. 

a. The Union will have five (5) workdays to advise the Employer, in 

writing, if they desire to consult on the matter. If the Union has no 

questions or concerns and does not respond, the Employer is free to 

implement the new or revised policy or rule. 

b. If the Union does respond, the parties will meet within five (5) 

workdays and attempt to reach an agreement through consultation. 

c. When additional information is requested by the Union, and it is 

available to the Employer it will be provided by the Employer within five 

(5 workdays. 

d. All agreements concerning FISCPS Instructions dealing with 

conditions of employment, that are reached through this procedure, will be 

reduced to writing, and will become a part of and subject to the provisions 

of this agreement. 

e. If the parties fail to reach agreement, the Union may request 

formal negotiations. The Union's request for negotiations will be made 

within five (5) workdays of receipt of the requested information, and will 

contain the Union's written proposal. If the Union does not make a timely 

request for negotiations it will be deemed to have waived such right. The 

parties will meet on a mutually-agreed to date to begin negotiations. 

f. Negotiations shall take place between 0730 and 1600 hours, Monday 

through Friday. There will be an equal number of representatives from each 

party, normally not to exceed two (2), being in a duty status. If either 

party requires additional representatives in attendance at the negctiations 

the parties shall agree on the number to be in a duty status prlor tc the 

negotiations meeting. 

ARTICLE 7. UNION REPRESENTATION 

Section 1. The Employer agrees to recognize a sufficient number of ;:n ion 

representatives as mutually agreed to and one (1) Chief Steward dr~dor.;. 1 : 

Chairperson authorized to conduct activities outlined in this aqr?er-?nr 
The Union shall supply the Employer, in writing, and shall maintain with 

the Employer on a current basis, a complete list of all authorized 

representatives and the area they represent. The Employer agrees to post 

the listings of Union representatives on official bulletin boards and to 

publish listings of Union representatives in the Plan of the Week, which is 

distributed to all work areas; The Union will, whenever possible, avoid 

appointing more than one (1) representative from the supervision area of an 

immediate supervisor. 

Section 2. The Union will advise the Employer of the areas of 

responsibility of authorized representatives. The Chief Steward will be 

responsible for assignments of representatives; t'o include re-assignment, 

relief, and re-appointment. T.he Union agrees to keep the Employer informed 

of said changes as they occur. The Union representatives may receive, 

investigate, present and process grievances on official time. They will 

also advise employees of rights and procedures outlined in the agreement 

and applicable regulations or directives for resolving grievances or 

complaints. When an investigation requires contact with any management 

official, the representative must identify him or herself and identify the 

issue being brought to that official. Failure to do so will constitute 

reason for any official to not agree to the meeting. When the Union needs 

access to any file which is subject to the Privacy Act they must have 

written permission from the affected employee(s). Such written permission 

must be presented when requesting access to any such file. 

Section 3. Union representatives will be allowed official time to perform 

duties outlined in Section 2 above. When Union representatives and 

officials are required to leave their assigned duties on appropriate 

matters as discussed in Section 2 above they will request permission from 

their immediate supervisor. If the immediate supervisor is unable to 

release a representative at the requested time, he or she will so advise 

the representative and give an estimated release time. Upon completion of 

each use of official time, the Union official will provide his or her 

supervisor with an accurate record of the amount of official time spent in 

performing representational duties. The Labor Relations Officer and 

Chairperson will review the records on use of official time periodically 

and upon request, if there is reason to suspect abuse of official time. 

Section 4. The Employer agrees not to transfer Union representatives from 

one work location or work shift to another unless such transfer is dictated 

by compelling work commitments or it has been determined that the 

representative possesses unique skills for a particular assignment; needs 

to acquire certain skills or to improve chances for a promotion; or is 

affected by reduction-in-force procedures. Such actions will be 

coordinated with the Union in advance to allow the Union to concur or to 

propose alternatives to ensure continuous representation of unit employees. 

Section 5. The Chairperson for the Union, or written designee, will be the 

sole point of contact in all matters of personnel policies, practices, 

procedures and matters affecting conditions of employment at FISCPS. In 

case of absence of the Chairperson, the Union will designate an alternate 

as the point of contact. 
a. The Union Chairperson, or written designee, is the only Union 

-epresentative at FISCPS with the authority to negotiate changes in the 

agreemerlt on behalf of the Union. 

Section 6. The Employer agrees that the national officers of the Union, 

who are not active employees of. the FISCPS, may be admitted upon approval 

of a request to the Employer for the purpose of meeting officials of the 

Union, or the Employer during working hours. Such visits shall be governed 

by security regulations. Visits by these individuals will be coordinated 

with the Labor-Relations Officer of the FISCPS. The President of the Union 

will contact the Labor Relations Officer to advise of their presence. 

ARTICLE 8. HOURS OF WORK 

Section 1. The administrative workweek is the calendar week 0000 hours 

Sunday through 2400 hours Saturday. The basic workweek will consist of 

five (5) eight-hour day shifts, Monday through Friday, inclusive, except in 

those functional areas which require other shift work. Other basic 

workweek schedules may be established under conditions where the Employer 

could be impeded in carrying out its mission, as determined by the 

Commanding Officer. 

Section 2. The Employer will make a reasonable effort to assign employees 

to the basic workweek to the maximum extent possible by workload 

commitments, facilities, and space. 

;ection 3. Basic workweeks other than Monday through Friday will be 

established in accordance with specific relevant provisions of 5 CFR 610. 

The Union will receive notification of establishment of such workweeks in 

advance. 

Section 4. The Employer agrees that a reasonable effort will be made to 

assign employees to shifts on a voluntary basis. Employees assigned to 

shifts will be in accordance with grade and position requirements. 

Section 5. Reasonable time will be allowed, consistent with the nature of 

the work performed, for employees to clean up for protection of the 

employees' health, government property, equipment, or tools prior to lunch 

break and at the end of the workday. 

Section 6. If an employee is required to work through his or her regular 

lunch period, the appropriate supervisor may reschedule the employee's 

lunch period, job requirements permitting, provided such alternate lunch 

period may not begin more than one (1) hour prior to or more than one (1) 

hour later than the starting of the employee's normal lunch period. Where 

an employee is required to work through his or her regular lunch period and 

an alternate perlod 1s not scheduled, the employee shall be permitted to 

eat lunch at the job site in a pay status without interrupting the' work in 

progress. 
Section 7. The Employer recognizes that during winter,months, some areas 

are more heavily impacted by snow and ice than other areas. The Employer 

therefore agrees to grant administrative leave if the decision is made to 

cease all but critical operations. If normal operations are maintained 

during adverse weather conditions, a liberal leave policy will be applied 

to those non-essential employees who are heavily impacted by adverse 

weather. 

Section 8. There will be a 15 minute rest period during the first half of 

the work shift and a 15 minute rest period during the second half of the 

work shift for all employees, unless employees and supervisors agree to an 

alternate procedure for taking an equivalent amount of break time. 

Section 9. When an employee is required to work an extended period of time 

beyond his or her normal shift, the employer will consider allowing 

reasonable rest breaks depending on the nature of the work and the safety 

and personal health needs of the employee. 

Section 10. The flextime program includes civilian employees of FISCPS, 

and its annexes. This system allows employees to select and/or vary their 

arrival and departure times. 

a. The following basic requirement must be met: 

(1) Each participating employee must account for an eight (8) 

hour day. 

(2) Each participating employee must be present during core 

time. 

b. Management has the right to determine which employee(s) will be 

excluded from participation in the flextime program and for what periods of 

time their exclusion is effective. Employees excluded will be provided 

with as much advance written notification as possible, taking into 

consideration the employees' circumstances and the workload requirements. 

An employee may grieve the exclusion through the negotiated grievance 

procedure. 

(1) Permanent exclusion: If the employee's presence on duty 

during the basic shift is essential for the maintenance of FISCPS 

operations and efficiency; if the employee has abused the flextime program; 

if they are part-time employees working less than eight (8) hours per day. 

(21 Temporary exclusion: I£' the employee is required to travel 

or is on TAD/TDY or if employee participation would conflict with training 

c. Employees participating in flextime will: post arrival and 

departure times including the break' for lunch if taking more than 30 

minutes. 

d. ~ll entries must be in six (6) minute increments and account for 

no more than elght (8) working hours unless authorized by the supervisor. 
Section 11. Employees may request an alternate work schedule in accordance 

with governing instructions. 

ARTICLE 9. OVERTIME 

Section 1. Overtime will be paid in accordance with ap~~icablelaw and 

regulation. 

Section 2. OvQrtime assignments whenever posslble will be distributed 

fairly among qualified employees in accordance with their particular skills 

and the need for overtime work. The Employer agrees, upon request, to 

relieve an employee from an overtime assignment provided another qualified 

employee is available and willing to accept the assignment. The Employer 

shall determine the numbers and qualifications required for such overtime 

work, shall determine the employees that satisfy the requirements and shall 

select and assign employees to overtime work accordingly, subject to the 

provisions of the agreement. When overtime is offered to an employee and 

he or she is granted relief from the assignment, the hours of overtime 

declined will be considered as overtime hours for the purpose of 

determining the equity of overtime distribution. Requests for release from 

overtime for valid emergency reasons shall be considered. 

Section 3. In the assignment of overtime the Employer agrees to provide 

the employee with as much advance notice as practicable in the 

circumstances and further agrees to give due consideration to the 

employee's personal circumstances, subject to the paramount requirements of 

fulfilling the mission of the Activity. 

Section 4. An employee designated to work overtime on days outside his or 

her workweek will be advised of the possibility no later than.24 hours 

prior to the end of his or her last shift before overtime commences, except 

in cases of unforeseen emergencies or circumstances. 

Section 5. The Employer will take into consideration the health and safety 

of employees and the operation before assigning an employee to work in 

excess of 13 consecutive days. 

Section 6. The Employer agrees to consider providing at least four (4) 

hours of work to an employee who is requested to perform irregular or 

occasional work on an overtime basis on a non-scheduled workday. Where he 

services of the employee are not required for this period of time, ov3rclme 

will be paid in accordance with the call-back provisions of 5 CFR Par: 553. 

Section 7. Suitable records of overtime worked will be maintained -7. :f.-: 

appropriate form. The Employer agrees to allow a Union representi2-.::-, -

inspect existing overtime records to the extent necessary to de~-?:r:::-? . . alleged inequities in overtime distribution. Such requests by :Fa-. .:..:;:.: 

shall specifically identify the organizational section of the UP.:. 

employees involved. 
ARTICLE 11. ADMINISTRATIVE LEAVE AND LEAVE OF ABSENCE

ARTICLE 10. ANNUAL LEAVE 

Section 1. Employees shall accrue annual leave in accordance with 

appropriate regulations. Subject to the manpower requirements of the 

Employer, approval of an employee's request for annual leave will be 

granted when his or her reques.t is submitted with a minimum of 24 hours 

advance notice. Emergency leave requests will be decided on a case-by-case 

basis. Employees will be notified of action taken on their leave requests 

an soon as possible. -

Section 2. The Employer agrees to schedule approved leave for vacation 

purposes of at least two (2) consecutive weeks for employees who earn 13 

days annual leave per year and of at least three (3) consecutive weeks for 

employees who earn 20 days or more, providing the leave is available and 

providing the employees request this to be done not later than the first of 

April. 

Section 3. Every reasonable attempt will be made to satisfy the desires of 

the employee with respect to the approving of extended annual leave for 

vacations. When the Employer finds it necessary to cancel 

previously-approved vacation leave, the reasons for such cancellation will 

be given to the affected employee(s) in writing. In no case will 

cancellations be made with less than two (2) weeks advance notice unless 

cancellations are necessary to perform emergency or unforeseen work which 

the Employer must accomplish to execute its functions. 

Section 4. If the Employer schedules or effects a shutdown of work for 

vacation purposes, the Employer will attempt to provide work based on the 

manpower requirements of the Command for employees who do not have annual 

leave credits. When the Employer schedules or effects a shutdown, the unit 

employees will be notified as soon as practical. Upon request, annual 

leave will be advanced in accordance with regulations. An employee may 

request leave without pay in order to preserve annual.leave for vacation 

purposes in lieu of the above procedures. 

Section 1. Employees may be granted accrued annual leave or leave without 

pay to accept temporary labor organization positions or to attend 

conventions or meetlngs of labor organizations as defined in the Civil 

Service Reform Act of 1978, subject to the manpower requirements of the 

Employer. Employees may be granted leave of absence with or without pay 

for other purposes in accordance with the provisions of Title 5 of the Code 

of Regulations. 

Section 2. Employees who are absent on approved leave without pay for 

periods of up to one (1) year shall accrue all applicable rights and 

privileges with respect to coverage under the federal employees group life 

insurance and federal employees health benefits program. 
Section 3. In accordance with applicable regulations, an employee shall be 

lllowed excused time, without charge to leave or loss of pay, subject to 

che identified manpower requirements of the Employer as hereinafter 

provided: 

a. Employees participating in examinations for promotions or 

interviews for federal job opportunities within the commuting area held 

dbring the employee's regular work shift. 

- b. Union representatives may be excused to attend information or 

orientation sessions as determined by the Employer to be of mutual concern 

or benefit to the Employer and the Union. All such requests will be 

submitted by the BMTC President, in writing, to a Labor Relations 

Specialist in FISCPS HRO. 

c. Employees who volunteer as blood donors (either to the blood bank 

or directly to individuals) may be excused for this purpose, not to exceed 

four (4) hours. 

d. Each Union representative and supervisor will receive joint 

contract training time to be used within 90 calendar days of receipt of the 

contract. The Employer agrees to make suitable arrangements for a training 

room and equipment to facilitate this training. 

ARTICLE 12. SICK LEAVE 

;ection 1. Employees shall earn sick leave in accordance with applicable 

statutes and regulations. Sick leave shall be granted to employees when 

they are incapacitated for the performance of their duty by sickness, 

injury, or pregnancy and confinement, or for medical, dental, or optical 

examination or treatment, when a member of the immediate family of the 

employee is afflicted with a contagious disease or to care for an ailing 

family member or attend or make funeral arrangements for a family member. 

'Sick leave shall be administered in accordance with governing law and 

regulation and the Human Resources Manual (FISCPSINST 12000.1). 

Section 2. An employee who is absent on account of sickness shall provide 

for notification to his or her immediate supervisor during the first hour 

on the first workday of their absence, or as soon thereafter as possible, 

giving the estimated duration of the absence. Such notification is not 

justification for approval or disapproval of sick leave. Second and third 

shift employees shall provide notification to their department or shop 

prior to 1500 hours on the day of the scheduled shift, or as soon as 

possible, thereafter. Requests for sick leave for medical, dental, or 

optical examination or treatment shali be submitted for approval at least 

24 hours in advance unless it is of an urgent nature. 

Ssction 3. In the event a supervisor has reason to believe that an 

employee is improperly using sick leave, the supervisor will counsel the 

employee and provide a specifled lmprov2ment period. The supervisor may 

-?commend other counseling servlces to assist the employee as appropriate, 
including the Civilian Employee Assistance Program, and may utilize 

Union/Management cooperation/partnering to assist the employee in improvin, 

his or her attendance record. However, it is understood that the Employer 

has the right to require an employee to furnish a medical certificate for 

each absence to be charged as sick leave if there is a belief that the 

employee is abusing the sick leave regulations. The requirement to furnish 

medical documentation for each absence shall be provided to the employee in 

a Letter of Requirement prior to its enforcement. The Letter of 

Requirement will be issued for a specific period of time ranging from six 

(6) to 12 months and will be maintained by the supervisor who has the 

authority to approve or disapprove sick leave. Prior to reissuance of a 

Letter of Requirement the supervisor will meet with the employee and his or 

her representative, if requested, to discuss the sick leave usage and 

reason (s) for reissuance. 

Section 4. The Employer agrees to advance sick leave in accordance with 

applicable regulations to employees who are incapacitated for duty because 

of serious illness or disability, provided: 

a. The maximum sick leave for career and career-conditional employees 

shall not exceed 240 hours and an employee holding a limited appointment 

may be advanced sick leave only in the amount which will be earned during 

the remaining term of his or her employment. 

b. There is reasonable evidence, substantiated by a statement from 

the employee's treating physician, that the employee will be capable of 

returning to work and fulfilling the full scope of his or her duties. 

c. Sick leave will not be advanced to an employee known to be 

contemplating separation by retirement or resignation. 

d. That all available accumulated sick leave to the employee's credit 

is exhausted and all annual leave over 80 hours, for 40 hours per week 

employees, has been used. 

Section 5. When the Employer's medical authorities assign a temporary 

medical limitation because of a work-related injury or illness, the 

Employer will make every effort to place the employee on a job within the 

prescribed restriction. The employee may request to use sick leave, annual 

leave if available, or leave without pay. For work-connected illness or 

injuries, the employee may apply for injury compensation as provided by 

law. 

Section 6. Employees who need leave due to personal or family medical 

emergencies may apply for donations of annual leave under the FISCPS Annual 

Leave Transfer Program. The need for annual leave donations will be 

advertised in the Plan of the Week at the employee's request. 
ARTICLE 13 ENVIRONMENTAL DIFFERENTIAL PAY FOR WAGE GRADE EMPLOYEES 

section 1. One of the Employer's co~.tinu~ngobjectives is the elimination 

or reduction to the lowest possible level of all hazards, physical 

hardships and working conditions of an unusually severe nature. When the 

Employer's action does not overcome the unusually severe nature of the 

hazard, physical hardship or working conditions, an environmental 

differential will be paid to the employees exposed to such situations. 

Even though an environmental differential is authorized, continuous 

positive action must be taken to eliminate danger and risk which contribute 

to or cause the hazard, physical hardship or working conditions of an 

usually severe nature. Authorization to pay an environmental differential 

is not an approval of work practices which circumvent safety rules and 

regulations. 

Section 2. Pay for environmental differential is authorized: (1) for 

exposure to an unusually severe hazard which could result in significant 

injury, illness or death; such as on a high structure when the hazard is 

not adequately alleviated by mechanical equipment or protective devices 

being used or on an open structure when adverse conditions such as 

darkness, lightening, steady rain, snow, sleet, ice or high wind velocity 

exist; (2) for exposure to an unusually severe physical hardship under 

circumstances which cause physical discomfort or distress not adequately 

alleviated by mechanical equipment or protective devices being used; '(3) 

for exposure to an unusually severe working condition under circumstances 

involving exposure to fumes, dust or noise which cause significant distress 

or discomfort in the form of nausea, or skin, eye, ear, or nose irritation 

>r conditions which cause abnormal soil of body and clothing, etc., and 

where the distress or discomfort is not adequately alleviated by mechanical 

equipment or protective devices being used. Such exposures which are 

unusual to a rating are not taken into consideration in the job grading 

process, and additional pay for exposures to those unusual conditions is 

provided through environmental differentials. 

Section 3. It is agreed that employees will be paid environmental 

differentials, when warranted in accordance with the governing FISCPSINST 

12500 (series) which describes the work situations in the FISCPS, where 

environmental pay is authorized. Immediate supervisors will notify 

employees of their entitlement to environmental differential pay. If at 

any time during a job assignment an employee believes that an environmental 

differential is warranted but is not being provided, the employee should 

call the matter to the attention of the immediate supervisor, who will 

advise the employee whether the additional pay will be allowed. Any 

complaint regarding application of the instruction not resolved by 

discussion between the employer, the affected employee, and the steward, if 

requested, may be processed under the Negotiated Grievance Procedure. The 

addition of regulatorily approved environmental categories into FISCPSINST 

12500 (series) is a matter for negotiation between the Employer and the 

LJnion as specified in Article 6 of this agreement. 

Section 4. The establishment of new environmental categories, unrecognized 

':>y both the Off ice of Personnel Management (OPM) and FISCPSINST L2500 
(series) but considered warranted by either the Employer or the Union, may 

be initiated by either party via appropriate channels to the OPM for 

considerat ion. 

Section 5. Members of the unit subjected to more than one (1) hazard, 

hardship or condition at the same time, shall be paid for that exposure 

which results in the highest environmental differential, but shall not be 

paid more than one (1) differential for the same hours of work. Employees 

performing work on second and third shifts shall receive applicable shift 

differential pay in addition to any environmental differential pay 

authorized. 

Section 6. When an environmental differential is paid on the basis of all 

hours in a pay status, members of the unit will also be paid the 

differential during a period of overtime that occurs on the same day. The 

overtime pay will be one and one-half of the basic hourly rate, including 

the environmental differential. When members of the unit are paid an 

environmental differential on an actual exposure basis, they will be paid 

that differential at the overtime rate only if the exposure for which the 

differential is authorized occurs during the overtime period. 

Section 7. Environmental differential is included as part of the 

employee's basic rate of pay and shall be used to compute premium pay such 

as overtime and holiday work or the amount from which retirement deductions 

are made or on which group life insurance is based. Environmental 

differentials are not included in lump-sum annual leave payments or in 

computing severance pay. The amount of the environmental differential 

which is payable is determined by multiplying the percentage rate 

authorized for the described exposure by the second step rate for Grade WG10 on the current regular non-supervisory wage schedule for the area, 

counting one-half cent and over as a full cent. The resulting cents-anhour amount is paid uniformly to each wage employee in the unit who 

qualifies for the authorized environmental differential, regardless of the 

grade level of the wage employee or the Federal Wage System wage schedule 

on which the employee is paid. 

Section 8. If an employee is restored to his or her former entitlement for 

environmental differential pay as a result of an Employer's acknowledgement 

that the Employer's action in terminating the employee's environmental pay 

was improper, the restoration of pay shall be made retroactively effective 

to the date of the improper action. 

Section 9. When an employee is entitled to an environmental differential 

pay on an actual exposure basis, the employee shall be paid a minimum of 

one (1) hour's differential pay for the exposure. For exposure beyond one 

(1) hour, the employee shall be paid in increments of one-quarter hour for 

each fifteen (15) minutes and portion thereof in excess of fifteen (15) 

nlnutes. 

Section 10. When an employee is exposed at intermittent times during a day 

co a hazard, physical hardship, or working condition for which the 

=?nvironmental differential is paid on an actual basis, each exposure is 
considered separately and the amount of time exposed is not added together 

jefore payment is made for exposure beyond one (1) hour's duration, except 

:hat pay for environmental differential may not exceed the number of hours 

of active duty by the employee on the day of exposure. 

Section 11. When an employee is exposed to a situation for which an 

environmental differential is authorized on the basis of hours in a pay 

status, that differential will also be paid during any period of absence on 

paid leave on the day on which the exposure occurs. -

ARTICLE 14. PROMOTIONS 

Section 1. The Employer will utilize employees' skills and potentials to 

the fullest extent practicable. Employees will be promoted on the basis of 

merit, without regard to race, color, religion, sex, age, national origin, 

or membership in labor organizations. This article concerns the practices 

and policies for filling vacancies within the bargaining unit as defined in 

Article 1. The overall objective of the Merit Promotion Plan is to assure 

that positions are filled with the best qualified persons available and to 

assure that all employees have an equal opportunity to apply for 

advancement. 

Section 2. The Union recognizes that the Employer has the option of 

filling positions by promotion, or by methods other than promotion, such as 

appointment, reinstatement, 'or transfer. 

jection 3. All merit promotion vacancies to be filled within the 

bargaining unit will be advertised through the issuance of announcements 

within the areas of consideration, including publication in at least one 

(1) issue of the "Plan of the Week." When the area of consideration is 

confined to the FISCPS, such announcements will be open for at least seven 

(7) workdays. If the area of consideration is to be expanded, 

announcements will remain open as follows: 

Commuting area - at least 14 calendar days. 

West Coast or Nationwide - at least 21 calendar days. 

Announcements may be extended at the option of the Employer. 

Merit promotion vacancy announcements will contain the following 

information: 

a. Opening and closing dates; method of applying; EEO statement; 

area of consideration; position title, series and grade; organizational 

location; summary of duties; job elements on which applicants will be rated 

and description of any special evaluation methods to be used in ra~ing and 

ranking applicants. 

b. If he position vacancy is a trainee position, upward rnob~i::.y, 

isad-in position, or position with known promotional potential, :!. wili be 

50 stated in the vacancy announcement. 
c. Any position or group of positions may be announced on an open 

continuous basis. 

Section 4 . 

a. Career and career-conditional employees and those temporary 

employees with reinstatement eligibility may apply under merit promotion 

vacancy announcements to the HRO on or before the closing date noted on the 

vacancy announcement. FISCPS employees' applications for FISCPS positions 

will be accept-ed at both HRO SUBASE BANGOR and HRFO FISCPS until 1600 hours 

on the closing date of the announcement. The employee is responsible for 

ensuring that an application reaches the HRO by the close of business on 

the announcement closing date and for arranging for submission of the 

application during his or her absence on leave or TDY. The employee is 

also responsible for assuring that the application includes experience, 

training and education, and is up-to-date. 

b. Employees absent for extended training, leave, TDY, or detail 

will be accorded automatic consideration by HRO if these employees deliver 

to HRO an Optional Form 612 or resume for each position for which they 

desire consideration, prior to their departure. 

Section 5. Minimum qualification standards used for promotion shall be the 

standards prescribed by the Office of Personnel Management (OPM), including 

provisions for in-service placement. All candidates who meet the 

appropriate qualification standards as of the closing date of the 

announcement shall have basic eligibility for promotion. 

Section 6. 

a. For each position (or group of closely-related positions) 

job-related evaluation criteria will be developed to provide a basis for 

determining candidates' potential for successful or highly-successful 

performance in the position. Development of realistic evaluation criteria 

is the responsibility of the Employer. 

b. Any or all of the following methods which will contribute to 

making meaningful distinctions among candidates will be used for rating and 

ranking: 

(1) Evaluation of training and experience. 

(2) Annual performance appraisal and any other evidence of past 

perf ormance . 

(3) Written and/or performance tests, if applicable. 

(4) Awards presented to employee. 

(5) Self-development efforts of employee. 
Section 7. 

a. ~pplicants will be ranked according to the following categories: 

(1) Ineligible 

, (2) Qualified 

(3) - Highly Qualified 

(a) When the highly qualified group consists of 10 or less 

candidates and there are no meaningful differences among them, all highly 

qualified candidates will be considered best qualified. When there are 

more than 10 highly qualified candidates, length of service by service 

computation date, as used for reduction-in-force purposes, will be used if 

necessary to break a tie after all other evaluating factors have resulted 

in identical ratings among candidates. 

Sect ion 8. 

a. Three (3) to 10 of the best qualified of the highly qualified 

group will be referred to the selecting official in alphabetical sequence 

and will be annotated as such. One (1) additional candidate may be 

referred for each additional identical vacancy to be filled. 

b. Where ranking results in fewer than three (3) highly qualified 

candidates, the selecting official will have the following options: 

(1) The selecting official may select from the highly qualified 

candidates available. 

(2) Announcement may be canceled. 

(3) Area of consideration may be expanded. 

(4) Applicants rated qualified, but not highly qualified may be 

ref erred. 

c. As a minimum, the selecting official will be furnished an 

application for each candidate referred. 

Section 9. 

a. If one (1) applicant is interviewed, all other locally available 

referred applicants in that group will be interviewed unless: 

(1) The applicant is on extended leave (in excess of one (1) 

week) and is outside the commuting area, or reasonable efforts to reach him 

or her have been unsuccessful. 

(2) The applicant is serving at a duty station outside the 

:ommuting area from the location of the vacancy. 
b. In any case where an applicant is referred and not interviewed 

under one of the above, the selecting supervisor will record such 

information on the Selection Roster. Reasonable efforts will be made to 

locate employees who are on leave within the commuting area at such time as 

interviews are scheduled. (Inability to locate an employee will not serve 

as a basis for employees requesting an interview at a later date or for 

filing a grievance). 

c. Arrangements for interviews will be made by the HRO. -

d. The selecting official will be the first-line supervisor unless 

otherwise designated. 

e. Notification as to who has been selected with reasons therefore, 

will be provided by the selecting official to the HRO by completing the 

Selection Roster. The HRO will notify all applicants in writing as to 

their selection or non-selection. 

f. Upon request, the information below will be furnished by the HRO 

to any unsuccessful candidates and their representative in these groups: 

(1) Qualified groups - reasons why they were not considered in 

the Highly Qualified Group. 

(2) Ineligible - specific information concerning how they failed 

to meet the minimum standards. 

g. The HRO will publish the names of persons selected under merit 

promotion vacancy announcements, other promotion channels, and placement 

procedures in the "FISC Puget Soundings". 

Section 10. 

a. Employees are encouraged to discuss any dissatisfaction under this 

article with their supervisors, the HRO Director, concerned selecting 

officials or Union representative, prior to initiation of a formal 

grievance. Complaints arising out of the operation of the Merit Promotion 

Plan should be brought to the attention of the HRO Director, within 15 

workdays after receipt of notification of non-referral or non-selection. 

b. The procedures set forth in Article 24 of this agreement will 

apply in the following instance: 

(1) An employee alleges that the procedures set forth in the 

promotion plan were not followed or that his or her qualifications were not 

properly evaluated against the requirements of the position. 

c. A complaint based solely on non-selection from among the Highly 

Qualified candidates will not be admissible for consideration. 
d. An employee unable to resolve his or her complaint informally will 

be furnished information by the HRO of the formal procedures available to 

him or her. 

Section 11. Employees selected for promotion will be notified promptly of 

their selection and paid at the pay level of their new position as soon as 

practicable, normally on completion of the next pay period. h employee 

will be paid at the pay level of the position for which selected, starting 

with the effective date of the promotion, in accordance with applicable - regulations. 

ARTICLE 15. ASSIGNMENT OF WORK 

Section 1. Employees will be assigned to work taking into account the 

mission of the FISCPS, and other duties. which are consistent with the 

mission of the FISCPS, as needs emerge. The term "other duties as 

assignedu shall not be construed as meaning a significant portion of the 

work performed at a higher level or outside of their primary classification 

for an extended period of time. 

Section 2. A detail is an assignment on a temporary basis of an employee 

to perform duties not covered by the official description or definition of 

his or her position or rating to another position or rating for the 

temporary periods of time authorized by OPM and Employer regulations. 

Details may be made appropriately under circumstances such as follows: 

a. To meet emergencies occasioned by abnormal work load, change in 

mission or organization, or unanticipated absences such as sick leave or 

emergency annual leave. 

b. Pending official assignments, pending description and 

classification of new positions, pending security clearance, and for 

training purposes. 

Section 3. It is agreed that no detail will be made to evade the principle 

of recruitment through merit promotion. Normally, details (in 120 day 

increments) will last no more than one (1) year (except for A-76 

situations). The Employer assumes the responsibility for the continuing 

effort to secure necessary services through use of appropriate personnel 

act ions. 

Section 4. The supervisor is responsible for ensuring that a Requesc For 

Personnel Action (SF-52) is initiated for a detail of 30 days or more. If 

a detail is for less than 30 days, the supervisor may elect to give :he 

employee a written memo of the detail, but it is not required and ~t IS zoc 

filed in the employee's Official Personnel Folder. 

Section 5. The use of a detail will not be made to evade or comprorn~se 

open competitive principles of merit promotion. When an employee is 

assigned to a higher level position in excess of 14 calendar days, 3 
temporary promotion will be made effective the first day of the assignment, 

except when it is procedurally impossible to do so. 

Section 6. Employees who work double shifts (16-plus hours) should not be 

required to return to duty for at least eight (8) hours. The supervisor 

will consider adjusting the shift hours to accomplish this end. 

ARTICLE 16. DEVELOPMENT AND REVIEW OF POSITION AND JOB DESCRIPTIONS -

Section 1. When an'employee alleges inequities in his or her position 

classification of job rating, he or she shall be furnished information on 

the appeal rights and procedures by the HRO. He or she may elect to be 

represented or assisted by a Union representative in discussing the matter 

with his or her supervisor or with representatives of the HRO in reviewing 

classification standards or rating definitions that pertain to his or her 

rating or position, or in pursuing an appeal. 

Section 2. An employee request for a current copy of his or her job or 

position description should be made to the first level supervisor. The 

Employer will provide the Union with a current copy of job descriptions of 

members of the unit on a case-by-case basis. 

Section 3. It is agreed that the Employer will advise the Union when a job 

rating is to be changed to a lower pay level, and at least 30 calendar days 

prior to effecting a personnel action. 

ARTICLE 17. DISCIPLINARY ACTION 

Section 1. All disciplinary actions shall be taken for just cause. 

Disciplinary actions may be grieved in accordance with Article 24-of this 

agreement. The employee will be provided an extra copy (marked "Union 

copy") of all written disciplinary actions, including proposed actions. If 

personal delivery cannot be made to the employee, the disciplinary action 

will be mailed to the employee's last known address along with an extra 

copy for the employee to deliver to the Union at his or her discretion. 

Section 2. The parties agree that employees have the right, should they so 

request, to Union representation as defined in Article 7 of this agreement, 

and shall be notified of that right periodically in the FISCPS Plan of the 

Week. Such notification shall be included in all written disciplinary 

actions, including proposed actions. 

Section 3. Notice of adverse action decisions shall be delivered to the 

employee as soon as practical, but at least five (5) workdays prior to the 

effective date. When circumstances are such that the retention of an 

employee in an active duty status in his or her position may result in 

damage to Government property or may be detrimental to the interests of the 

Sovernment or injurious to the employee, his or her fellow workers, or the 

Tenera1 public, the above five (5) day requirement will not apply. 
Section 4. The Employer will counsel employees in private whenever 

30SSible and will not effect oral admonishment in the presence of others. 

Section 5. In the case of any formal written disciplinary action, the 

employee will be made aware of any files, folders, supervisory files,. 

and/or records being used to support or substantiate the action. 

Individual supervisory files, maintained with the employee's knowledge of 

the file and its contents, may also be used to substantiate such action. 

All documents on which the decision to take disciplinary action is based 

will be made available to employees and, if the employee requests, to his 

or her representative. 

Section 6. Where an employee is assigned to a restricted area and his or 

her security clearance is challenged, he or she may be reassigned to duties 

in a non-sensifive area pending the results of the appeal from the 

challenge. The Union will be informed of any proposed adverse action as a 

result of the challenge. 

Section 7. All disciplinary actions will be initiated and taken in a 

timely manner. 

ARTICLE 18. HEALTH AND SAFETY 

Section 1. The Employer will exert every reasonable effort to provide and 

maintain safe working conditions and industrial health protection for the 

employees. The Union agrees to cooperate with the Employer in maintaining 

3nd improving safe working conditions and practices. The Employer will 

assure that periodic inspections of all agency work places are performed, 

using appropriate procedures and personnel. 

Section 2. Each employee has a primary responsibility for his or her own 

safety and an obligation to know and observe safety rules and practices as 

a measure of protection for him or herself and others. Employees will be 

encouraged to submit suggestions which will offer practical and feasible 

ways of improving the work areas and conditions. In addition, employees 

having a health and safety concern have the duty to request safety 

inspections of their areas. An employee who requests a safety inspection 

will identify the specific area, equipment or practice believed to be 

unsafe to facilitate the inspection and to ensure that the Safety Officer 

brings the proper equipment and technical personnel to evaluate the area of 

concern. Any employee who requests a safety inspection shall be allowed to 

observe the inspection and may be accompanied by a Union representative, if 

so requested. Copies of the results of employee-initiated inspection 

reports will be provided to the Union upon request. 

Section 3. Employees will also be alert to observe unsafe practices, 

equipment and conditions in their areas. Suc'h practices, equipment or 

conditions should be reported to the supervisor, Division Director, 

Department Head, or Safety Office. The Union agrees to present concerns 

pertaining to unsafe practices, equipment or conditions to the appropriate 

level of supervision for consideration and resolution. 
Section 4. The Employer will identify those work areas, practices, 

procedures and materials which have a potential for being hazardous. The 

Employer agrees to inform the Union and affected employees when a new class 

of materials or processes considered hazardous to employees' health are to 

be used or stored or handled at the FISCPS. 

Section 5. Bi-weekly stand-up safety meetings will be held for ungraded 

employees. All available employees will participate., 

Section 6. All employees may be given recurring training on 

safety/operation of equipment and hazardous material with which they are 

working. The Employer will attempt to ensure that new employees are 

trained on the safety/operation of equipment and that adequate orientation 

is provided for all employees concerning the hazardous materials with which 

they are working. 

Section 7. Safety shoes will be provided by the Employer in accordance 

with the current FISCPS Instruction. 

Section 8. The Employer agrees that no employee shall suffer reprisal or 

other punitive action for requesting safety inspections, reporting.safety 

violations or making any health or safety suggestions. 

Section 9. The Employer and the Union will make every effort to prevent 

accidents of any kind. The Employer will ensure that prompt emergency 

transportation and first aid will be provided on all shifts. The prime 

consideration will be the welfare and comfort of the injured employee(s). 

Employees will, as soon as possible, notify their supervisors of any and 

all accidents occurring during their work shift. Supervisors will 

immediately investigate any reported accident, and initiate action to 

correct any hazardous condition and render any required report. 

Section 10. The Union will be notified, by Code 05 or designee, within 

three (3) workdays of any lost time work injury. 

Section 11. The Union will be notified as soon as possible in 

the event of accidents or hazardous conditions occurring in the work place. 

Section 12. The Employer will maintain records of employees who are 

exposed to airborne contaminates in excess of accepted standards. Periodic 

physical examinations will be given to employees as required by the NAVOSH 

standards or appropriate Department of the Navy regulations. The Union 

will be given access to the results of such examinations for exposure to 

airborne contaminates. 

Section 13. Upon request, the Union will be provided copies of all 

releasable Safety and Health Reports generated by the FISCPS. 

Section 14. The Employer agrees that in cases where employees are exposed 

to a hazardous atmosphere, the employees will be evacuated from that area 

until the hazardous atmosphere has subsided or the Employer has issued to 

':he employees appropriate personal protective equipment for the hazardous 
atmosphere involved. The Employer agrees that the supervisors will 

evacuate areas based upon the advice of the Safery Manager or in his or her 

absence, the Naval Hospital Industrial Hygienist. Supervisors have the 

responsibility to immediately evacuate a suspected contaminated area, if, 

in their judgement, evacuation is required, prior to the arrival of the 

Safety Officer or Industrial Hygienist. 

Section 15. Dress standards will be imposed on employees only for reasons 

of safety. All employees are expected to dress appropriately for their 

work environment. 

Section 16. Included in the training of each unit employee will be an 

outline of the procedures and requirements for applying for benefits under 

FISCPSINST 12000.1. 

a. The HRO will provide a copy of that portion of FISCPSINST 12000.1, 

or replacement instruction(s), concerning the Workers' Compensation 

Program, to any employee requesting it, within five (5) workdays of such a 

request. 

b. In accordance with the HRO Manual, the staff of HRO Central 

Services Division, will provide advice and assistance regarding FECA. 

ARTICLE 19. TRAINING 

Section 1. The Employer and the Union agree that the training and 

development of employees within the unit is a matter of primary importance 

to the parties, and through Employer-Union cooperation, the parties shall 

promote the training and development of employees. 

Section 2. If individual development plans are made, it is agreed that 

both the supervisor and the employee will participate. 

Section 3. The Employer agrees that all mandatory correspondence courses 

will be shipped directly to FISCPS and the employee will check out the 

package and sign and date the material received from the Training Office. 

ARTICLE 20. PUBLICITY 

Section 1. The Employer will provide the Union a bulletin board on the 

second floor of building 467 for posting notices of meetings, recreational, 

or social affairs, elections, results of elections or other appropriate 

literature. If the Employer challenges the appropriateness of materral 

posted, the Chairperson and a Labor Relations Specialist shall melt and 

attempt to mutually agree. If agreement cannot be reached, the issae shall 

be referred to the Partnership Council. 

Section 2. The Chairperson and a Labor Relations Specialist w?:. 

periodically survey work spaces and determine other bulletin bcd: is ::r; 

accommodate both official and unofficial notices for Union posc ::::;.; ~.zd-:r. 
the unofficial side of bulletin boards. Bulleti'n boards shall be labeled 

as "official" and "Unofficial" and Union postings under "Unofficial" will 

be reviewed by the cognizant Department Head and the Labor Relations 

Specialist. 

ARTICLE 21. PERSONNEL MOVEMENT IN REDUCTION-IN-FORCE (RIF) SITUATIONS AND 

REHIRING 

Section 1. The Employer will, in an effort to minimize or avoid a RIF, 

consider the reassignment or transfer of employees to available vacancies 

for which they are qualified or may become qualified within a reasonable 

amount of time when it is the Employer's decision that such vacancies be 

filled. 

Section 2. The Employer agrees to notify the Union of the necessity for a 

RIFas far in advance as practicable and of the reasons therefore and prior 

to submission of the request. The Employer also agrees to inform the Union 

of the a,ffected competitive levels and the number of employees affected, 

when this information is available. 

Section 3. It is agreed that the Employer, to the extent consistent with 

the Activity's manpower requirements, will make a reasonable effort to 

reassign employees whose positions are eliminated due to' automation or 

adoption of labor-saving devices. It is agreed that the Employer will make 

a reasonable effort to train employees, where necessary for reassignment, 

whose positions are eliminated because of automation or adoption of laborsaving devices, provided the cost of such training is not prohibitive, and 

if the employee has the necessary aptitude as determined by the Employer. 

Section 4. When advance knowledge of the impact of pending changes in 

function, organization, and mission is available, it shall be the 

responsibility of the Employer to plan for the retraining of employees 

involved whenever feasible. Every practical effort will be made to utilize 

employees and to enter into training agreements with the OPM in order to 

place employees where their services can be effectively used. 

ARTICLE 22 CIVIC RESPONSIBILITIES 

Section 1. Employees receiving notification of jury duty service, may 

contact the HRO for information pertaining to pay and allowances. 

Employees will promptly notify their immediate supervisor upon receiving 

notice of their having been selected for jury duty. The employee will 

present the Employer a signed jury timecard or other satisfactory evidence 

of the time served on such duties. An employee serving as a juror in a 

state or municipal court must collect all fees and the gross sum of fees 

received must be turned in to the Activity. Allowances received for meals, 

Lransportation, etc., may be retained by the employee. 

Section 2. The Employer and the Union mutually agree that the employees in 

.' rhe unit may participate in charity drives endorsed by the Secretary of the 
Navy for solicitation in the FISCPS. In no instance shall the Employer or 

the Union exercise pressure on an individual employee to contribute or not 

to contribute to a charity, nor will any reprisal action be made against an 

employee who refrains from contributing. 

ARTICLE 23. COMMITTEE ASSIGNMENTS 

Section 1. The Employer agrees that the Union may select representatives 

from the unit for assignment to committees as identified below and on 

appropriate boards and committees as formed. Names of Union 

representatives will be provided to the Employer in writing. 

a. Emplo.yee Recreation Association - 1 member 

b. Shop OSH Committees - 1 member 

c. Incentive Awards Committee - 1 member 

Section 2. The Union agrees to distribute the Union membership among its 

representatives so that no single workspace bears the responsibility of 

furnishing an employee to attend all meetings and committee/board meetings 

and duties. 

ARTICLE 24. GRIEVANCE PROCEDURE 

Section 1. This article provides for an orderly and exclusive procedure 

for the processing of the employee, Employer and Union grievances. 

Section 2. This procedure applies to all matters subject to grievance 

procedures allowable under the Civil Service Reform Act of 1978 (Public Law 

95-454) except: 

a. Any claimed violation of subchapter I11 of chapter 73 of Title V, 

U.S.C. (relating to prohibited political activities). 

b. Retirement, life insurance, or health insurance. 

c. A suspension or removal concerning adverse actions initiated 

because of failure to qualify for security clearances. 

d. Any examination, certification or appointment; or 

e. The classification of any position, which does not result in the 

reduction in grade or pay of any employee. 

f. Performance ratings whose overall rating is other than fully 

successful, minimally successful or unacceptable on one performance 

element. 

g. Incentive awards. 
h. Non-selection for promotion. 

i. Removal of probationary employees. 

j. Termination of temporary appointments. 

k. EEO complaints. 

1. Any termination of benefits under Subchapter VI of Title VIII of 

CSRA (grade and pay retention). 

m. Letters of Caution or Requirement. (The employee may grieve the 

factual content. 

Sect ion 3. 

a. Grievances may be presented and processed by: (1) an employee 

represented by the Union; (2) the Union on behalf of an employee; (3) an 

employee on that employee's own behalf; (4) the Union on its own behalf; or 

(5) the Employer. 

b. In the event that an employee chooses to file a grievance on his 

or her own behalf, he or she may do so without the intervention of a Union 

representative as long as: (1) Management notifies the Union of the filing; 

(2) the Union has the opportunity to be present at any grievance meetings,. 

and (3) the Union receives copies of any written decisions. The steps of 

this grievance procedure will be followed. Employees who are selfrepresented are not entitled to initiate arbitration. 

c. It is agreed by both parties that early and prompt resolution of 

problems and complaints is desirable and attempts for resolution should be 

initiated at the lowest appropriate supervisory level. 

d. It is understood that the original copy of the grievance form is 

the property of the Union and as such must be returned to the Union at each 

step of the grievance procedure. Grievance forms filed in "employee only" 

grievances are the property of the grievant. 

Section 4. No supervisor or manager having decision-making authority in a 

succeeding step of the grievance procedure will participate in a grievance 

meeting of the aggrieved and subordinate supervisor or manager until the 

grievance has reached his or her level. This does not prevent an employee 

from making use of the command or a departmental open-door policy. 

Section 5. If the Union President or Chairperson or appropriate management 

official believes the grievance could be resolved through the use of 

alternative dispute resolution (ADR) procedures, and wishes to pursue this 

process, they will contact the other party via a Labor Relations Specialist 

in the FISCPS HRO to review the grievance to discuss whether the ADR 

procedure is appropriate. If all parties, including the grievant, agree 

that ADR is the appropriate course of action, it will be will be conducted 

.' ln an expeditious manner. Discussion of ADR will not suspend any time 
frames in =his article; however, if the parties commit to proceed with an 

ADR process, grievance processing time frames will be suspended until the 

date of the final ADR action. If the grievance process is to continue, 

time frames will immediately commence at the point at which the commitment 

to the ADR process was made. 

Section 6. All grievances filed under this procedure must be filed within 

15 workdays of the occurrence of the matter being grieved or the grievant 

becomes aware of being aggrieved and must be submitted in writing on the 

agreed-to grievance form. Unless otherwise stated herein the following 

steps will be followed in submitting grievances. 

(Step 1.) Grievances must be submitted in writing on the agreed-to 

grievance form, with all applicable areas filled out, including, but not 

limited to, the exact nature of the grievance issue(s1; the date of the 

occurrence, the specific procedural errors and/or negotiated agreement 

provisions alleged to have been violated and the specific relief sought. 

The employee or Union representative will submit the grievance form to the 

grievant's immediate supervisor or manager responsible for rendering the 

decision/action, or to the appropriate management official as directed in 

sections (7), 8 and 9 of this article. The management official will 

schedule a meeting, to attempt resolution of the grievance, within five (5) 

workdays following receipt of the grievance form. Witnesses will not be 

permitted during this step of the grievance process. Within five (5) 

workdays following the meeting, the management official will provide a 

written grievance decision. 

(Step 2.) In the event the grievance is not resolved during step one (1) 

of this process, the original written grievance may, with no additional 

matters, be referred to the FISCPS Commanding Officer, within 10 workdays 

of receipt of the step one (1) decision. The grievance must include a copy 

of the step one (1) written decision and specific, written reasons for 

dissatisfaction with the step one (1) decision. The Commanding Officer, or 

designee, will schedule a meeting to attempt resolution of the grievance 

within 10 workdays following receipt of the step two (2) grievance. The 

parties may present such necessary, non-duplicative documentary evidence to 

fully present the facts. Non-duplicative witnesses who have direct, firsthand knowledge of the grievance issue(s) may be requested. Requests for 

specific witnesses will be submitted in writing to a FISCPS HRO Labor 

Relations Specialist within two (2) workdays of the Union receiving 

notification of the scheduled meeting and will include a summary of the 

evidence to be presented. Within 10 workdays following the meeting, the 

step two (2) deciding official will provide a written grievance decision. 

If the Step two (2) decision is not satisfactory, the Union may elect to 

invoke arbitration using the procedures outlined in Article 25 of this 

agreement. 

Section 7. Grievances related EO disciplinary/adverse actions will be 

initially filed with che management official one (1) level above that 

official rendering the action/decislon at issue. 
Section 8. Grievances pertaining to Performance Appraisals will be 

initial'ly filed with the reviewing official. 

Section 9. Grievances pertaining to merit promotion actions will be 

initially filed with the HRO Director or the selecting official as 

appropriate. 

Section 10. Employees filing safety and health complaints through the DON 

system will not be precluded from filing grievances concerning that same 

violation threugh this grievance procedure. 

Section 11. All time limits specified by the grievance procedure can be 

extended by agreement of both parties. Requests for extended time must be 

made prior to expiration of the relevant time frame and will be processed 

through the Union Chairperson and the Labor Relations Specialist assigned 

to facilitate the grievance process. Agreement will be forthcoming unless 

reasons exist for denying such extension. Any grievance that is not filed 

or appealed within the stated or extended time limit shall be considered 

closed. Failure of the Employer to meet the time limits prescribed shall 

constitute cause to move the grievance to the next step, or arbitration if 

at the second step, and so desired by the Union. If the employee or the 

representative fails to attend a scheduled grievance meeting for other than 

good cause, the deciding official may make a decision based upon the 

information available. If a deciding official fails to attend a scheduled 

grievance meeting the Union may move the grievance to the next step, or 

arbitration if at the second step, and so desired by the Union. 

Section 12. 

a. Union grievances will be originated in the second step of the 

grievance procedure by the Union president or designee. Presentation of 

the written grievance will be made within 15 workdays following the 

grievable event, or knowledge that such event occurred or is scheduled or 

occur. Upon receipt of such'grievance, the procedures and time limits of 

the second step will apply. 

b. Employer grievances will be originated in the second step of the 

grievance procedure by the HRO Director, or designee, presenting the 

written grievance to the Union within 15 workdays following the grievable 

event, or knowledge that such event occurred or is scheduled to occur. 

Upon receipt of such grievance, the procedures and time limits of the 

second step will apply. 

Section 13. The Employer and the Union agree that when several employees 

nave an identical grievance (where no individual variations are involved), 

he Employer and the Union will call the aggrieved employees together and 

the Union will select one (1) case for processing under the grievance 

procedure. The employees will be advised that in processing one (1) 

grievance for the group, the decision on the case selected will be binding 

on all affected employees. Names of all employees involved in this 

procedure will be made a part of the record of :he case selected for 
processing and when any decision is made on the grievance, each employee 

will be individually notified. 

Section 14 

a. The Employer and the Union agree that at the option of the 

employee, they may appeal adverse actions either to the MSPB or through the 

negotiated grievance procedure, but not both. The employee is considered 

to have made a non-revocable choice at the time the written grievance is 

filed under the negotiated procedure or the written appeal under the 

appropriate statutory procedure. 

b. In the event an employee wishes to appeal an adverse action under 

this negotiated grievance procedure in lieu of the appellate procedure as 

set forth in Section.7701 of the Act, the appeal shall be reduced to 

writing on the grievance form. The grievance shall be entered directly at 

the level above the deciding supervisory level within 15 workdays following 

the employee's receipt of the decision in response to the employee's reply 

to the adverse action proposal. On receipt of such grievance the 

procedures and time limits of the appropriate step will apply. 

Section 15. The Employer and the Union agree that if at any time during 

the grievance procedure the grievant resigns their position for other than 

adverse reasons, the grievance is immediately considered closed and not 

subject to further processing in the form of an employee grievance. 

Further, the Employer and the Union agree that if at any point in the 

grievance procedure the grievant is awarded the personal relief sought, the 

grievance is considered closed. 

ARTICLE 25. ARBITRATION 

Section 1. Only grievances which have been processed through the grievance 

procedure in accordance with Article 24 may be appealed to arbitration. 

Section 2. Arbitration may be invoked only by the Employer or the Union. 

Section 3. If the decision at the second step of the grievance procedure 

does not satisfactorily settle the grievance, and either party desires to 

submit the grievance to arbitration, the appealing party shall, within 30 

calendar days of receipt of the second step disposition, serve upon the 

other party a written notice of intent to arbitrate. 

Section 4. Within seven (7) workdays from the date of receipt of the 

arbitration request, the party requesting arbitration shall meet with the 

other party to pick a mutually-agreed upon arbitrator. If the parties 

cannot mutually agree on a arbitrator, the appealing party will request 

that the Federal Mediation and Conciliation Service submit a list of five 

(5) impartial persons to act as arbitrators. The parties shall meet within ,-.

-, &.-ve (5) workdays after the receipt of such a list. If they cannot 

mutually agree upon one (1) of the listed arbitrators, then the Employer 
and the Union will each alternately strike one (1) arbitrator's name from 

the list of five (5) and shall then repeat this procedure. The remaining 

name shall be the duly selected arbitrator. 

Section 5. The arbitration hearing shall be held during the regular day 

shift work hours of the basic.work week and all employee representatives, 

grievants and employee witnesses, who are members of the unit, shall be in 

a pay status without charge to annual leave while participating in the 

arbitration proceedings, if they would otherwise be in a pay status. It is 

understood and agreed that payment in accordance with this section that 

overtime or compensatory time will not be paid for time involved in the 

proceedings. 

Section 6. The arbitrator will schedule a hearing after giving due notice 

to the parties. At such hearing, the testimony will be limited to such 

material facts as are in dispute and to such material argument as the 

arbitrator considers to be necessary and proper. All other procedures 

relating to arbitration shall be determined by the arbitrator. 

Section 7. Arbitration hearings will be held on the Employer's premises. 

Section 8. The process of arbitration will be carried out as expeditiously 

as possible with a request that, whenever practicable, the arbitrator will 

render the decision, in writing, within two (2) calendar weeks after fully 

taking the matter under submission by sending copies of the decision to the 

Commanding Officer and to the Union President or designee. 

Section 9. The arbitrator shall be prohibited from adding to, modifying, 

or subtracting from the terms of this agreement or any supplemental written 

agreement of the parties. 

Section 10. The decision of the arbitrator shall be bindinq. If either 

party takes exception to the decision, it shall, within 10 calendar days, 

notify the other party in writing of its intent to appeal the decision to 

the ~ederal ~abor- elations Authority. 

Section 11. Grievances which are appealed to arbitration and which contain 

continuing liability shall be given priority over all other grievances in 

the arbitration procedure at that time. 

Section 12. Should a dispute arise as to the grievability or arbitrabllity 

of a grievance, that issue shall be submitted to the arbitrator, as a 

threshold issue, for decision. 

Section 13. The arbitrator's fee and the expenses of arbitration wili 51 

shared equally by the Employer and the Union. Either party may reqQesz FI 

copy of the transcript and bear the cost thereof. If the other party 

desires a copy of the transcript, they will reimburse the other par:y f\.:r 

one-half the cost of the transcript. 
ARTICLE 26. VOLUNTARY ALLOTMENT OF UNION DUES 

Section 1. The Employer and the Union agree that the following gvisions 

and time frames are applicable as long as the payroll function remains 

under the Employer's control; and that a reasonable effort will be made to 

keep time frames and provisions in the event the payroll function moves to 

another command. 

a. Union dues shall be deducted by the Employer from an employee's 

pay each pay period when the following conditions have been met: 

b. The employee has voluntarily authorized such a deduction on the 

Standard Form 1187, Allotment Form. 

c. The employee's earnings are sufficient, after all other legal 

deductions, to cover the full amount of the allotment. 

d. Section A of the Allotment Form has been completed and signed by 

an official of the Union and the form has been received by the Payroll 

Off ice. 

Section 2 .' There is established a multiple-dues structure. The Employer 

shall deduct Union dues in the amount listed on the Standard Form 1187, 

signed by an employee of the unit for which the Union holds exclusive 

recognition. 

Section 3. The Union shall be responsible for ensuring that the Allotment 

Form is provided and made available to the members, and shall ensure that 

the employees are fully informed concerning the program' for payroll 

deduction of Union dues, its voluntary nature, the uses of the required 

form, and the procedure for revocation of allotments. 

Section 4. Deduction of Union dues shall begin with the first pay period 

which occurs after receipt of a correctly executed Allotment Form by the 

Payroll Office. However, such forms must be received by the Payroli Office 

not later than three (3) workdays prior to the beginning of the aforesaid 

payroll period. Employees may not request the deduction from their 

earnings of dues to more than one (1) Union. 

Section 5. If the amount of regular dues is changed, the Labor Relations 

Officer will be notified in writing by the Union. The Labor Relations 

Officer will be advised two (2) weeks prior to any proposed effective date. 

The notification must contain the names of the employees effected, both the 

old and new dues rate for each employee and the pay period the change is to 

be effective. The amended amount will be withheld effective with the 

payroll for that pay period following the pay period during which the 

notice 1s received by the Labor Relations Officer, unless a later date is 

specified by the Union. Any change in the amount of a deductible for 

optional benefits sponsored by the Union will be administered in the same 

manner as above. Such changes shall normally not be made more frequently 

than o?ce in 12 months. 
Section 6. The dues shall be transmitted by the Payroll Office to the 

Treasurer of the Union, by check, not later than 10 workdays after the 

close of the pay period in which the deduction was made. With each 

remittance, the Payroll office shall provide the Union with two (2) copies 

of the computer print-out, containing the following information, as a 

minimum: 

a. Names and payroll number of each employee for whom dues are being 

deducted and the amount of each deduction. -

b. Total number of employees for whom dues were withheld. 

c. Total amount withheld. 

Section 7. ~ebocation forms, Standard Form 1188, Revocation of Voluntary 

Authorization for Allotment Compensation for payment of Employee 

Organization Dues, will be made available. Such revocation will not be 

effective, however, until the first full pay period following one (1) year 

from the date the first deduction was made by the Payroll Office, provided 

the form is received by the Union in a timely fashion. Timely fashion - the time necessary for the Union to process the request and forward it to 

the Payroll Office to effectuate the stoppage. Thereafter, such revocation 

wil1,not be effective until the first full pay period following any 

successive anniversary date, provided the form or request is received in a 

timely fashion as noted above. 

Section 8. An employee's voluntary allotment for payment of his or her 

Union dues shall be terminated with the start of the first pay period 

following the pay period in which any of the following occur: 

a. Loss of exclusive recognition by the Union. 

b. Separation of the employee from the Unit. 

c. Upon receipt of notice from the Union that the employee is no 

longera member in good standing. 

Section 9. The Union shall promptly furnish the Employer, and maintain on 

a current basis, a certification of the amount of dues and the name and 

address of the official of the Union authorized to certify Section A of 

Standard Form 1187 on behalf of the Union. 

Section 10. This agreement for Voluntary Allotment of Union dues shall 

continue in full force and effect for as long as the Union continues to be 

recognized by the Employer on an exclusive recognition basis for the 

employees involved. 

mTICLE 27. PERFORMANCE APPRAISALS 

The parties agree to retain the following provisions as an interim 

.agreement until receipt of the forthcoming DOD Performance Appraisal 
Program. Upon receipt of a DOD Performance Appraisal Program, the parties 

will review and recommend changes to the Partnership Council. Subsequent 

changes to this Article will be annotated by Memorandum of Agreement 

between the parties. 

Section 1. The determination of work plans and performance standards is 

the responsibility of and is reserved to management. Informal discussions 

between the employee and supervisor concerning work plans and performance 

standards are a normal part of supervision and will occur to elicit 

employee input regarding performance criteria. Employees will be given an 

opportunity to participate in the development of the performance standards 

and the work plan for eac.h position through discussions between the 

supervisor and the employees. Within 10 workdays of the beginning of the 

appraisal period the Employer will furnish the employee a copy of the 

performance Standards which will include the performance elements and work 

plan. For newly appointed and promoted employees, performance standards 

will be communicated in writing within 10 workdays after entrance into the 

position. Changes to established performance elements or work plans shall 

be given to the employee in writing. Supervisors will discuss any changes 

to existing work plans and review established new work plans with their 

employees. 

Section 2. All employees will receive a performance appraisal which will 

be based on a comparison of employee performance with the performance 

standards established for their position. Performance appraisals will be 

in writing, normally completed on an annual basis, and submitted within 30 

calendar days after the end of the appraisal period. Performance 

appraisals will be discussed with employees in private during the month in 

which the rating is due. A block will be provided on the Appraisal form 

for the employees to indicate their views should they so desire. At the 

conclusion of the discussion with the supervisor, the employee shall sign 

the appraisal form. By signing, an employee merely acknowledges receipt of 

the appraisal, but not necessarily agreement with it. Employees will be 

given a completed copy of the form within 30 calendar days. Informal 

discussions between the employee and the supervisor concerning performance 

are a normal part of supervision and should occur throughout the appraisal 

period. However, a scheduled mid-year performance revlew shall be 

conducted. 

Section 3. An employee may be reduced in grade or removed for failxre to 

correct unacceptable performance at any time during the appraisal cycle, 

providing a current standard has been given to the employee. When an 

employee is determined by the supervisor to be performing at an 

unacceptable level, the supervisor will notify the employee in wr t li-.g what 

action must be taken by the employee to improve his or her perfor~acc? t~ a 

acceptable level and what assistance will be provided by rhe Empl-;ynrrs 

help them improve. The supervisor will give the employee at leas- :: 

calendar days io brlng his or her performance up to at least a r-:::;--.!l-.; 

successful level. If the employee fails to achieve at least a T:-::-..I. , .:./ 

successful level during he performance rating warning period, ' -, : . . .--,; ..,..A 3 r

days, or drops below the minimally successful level during the ; ,; L ;,i:::+ G:.:

calendar days, :hen reduct ion- in-grade or removal wi 11 be propcs-:.: 
Section 4. For each employee covered by this system the completed 

performance appraisal form and any supporting documentation shall be 

maintained within an envelope kept in the OPF itself and a copy will be 

furnished to the employee. Appraisers may retain unofficial copies of 

performance documents; however, the storage, access, and retention of such 

documents will be subject to the rules and regulations governing the 

Freedom of Information and Privacy Acts. Personal notes retained by 

supervisors/managers which are for the personal use of the author and are 

not provided to any other person and which are retained or discarded at the 

author's sole-discretion are not considered a part of the performance 

appraisal file system; therefore, such notes are not subject to the Privacy 

Act. 

Section 5. When employees are identified as being minimally successful or 

unacceptable during performance evaluations, documented training will be 

provided to assist them in improving their performance to an acceptable 

level. 

Section 6. Requests for clarification about the contents of, or the 

setting of, performance standards, which have not been satisfactorily 

explained by the supervisor, will be reduced to writing by the employee. 

The request will be forwarded to the reviewing official. The reviewing 

official will respond to the request. The decision of the reviewing . official concerning the contents of a performance standard is final and not 

subject to further review in any forum. 

Section 7. Requests for clarification about the contents of performance 

appraisals, which have not been satisfactorily explained by the supervisor 

will be reduced to writing by the employee. The request will be forwarded 

to the reviewing official. The reviewing official will respond to the 

request. If the overall rating of record is other than minimally 

successful or unacceptable, the decision of the reviewing official 

concerning the contents of a performance appraisal is final and not subject 

to further review in any forum. If the overall rating of record is 

minimally successful or unacceptable, the decision of the reviewing 

official concerning the contents of a performance appraisal shall be 

handled in accordance with section 3 of this article. 

ARTICLE 28. Partnership Council 

The Union and the Employer collectively agree to establish a partnership 

council for the purpose of maximizing customer service/support and mission 

performance through a collaborative labor-management relationship as the 

political and economic environment dictates. 

ARTICLE 29. Office Space 

Section 1. Office space and furnishings will be provided and set aside for 

:he use by the Union at the time the agreement 1s signed. 
Section 2. Office equipment provided by the employer. 

a, Computer 386 or better w/hard drive 40 meg. or better tied into 

the net. 

b. Printer with stand/table. 

c. Desk, two (2) chairs, one (11, four (4) drawer file cabinet. 

d. Phone-with two (2) phone lines with outside capability. 

e. Fax machine 

ARTICLE 30. DEFINITIONS 

For the purpose of this Agreement, the following terms and definitions are 

accepted by the Parties. 

ALTERNATIVE DISPUTE RESOLUTION (ADR): For the purposes of this contract, 

Alternative Dispute Resolution refers to various processes available to 

resolve disputes other than traditional litigation, arbitration, unfair 

labor practice charges or other adversarial procedures involving binding 

third-party decisions. ADR may include, but is not limited to, the 

services of a neutral party in conciliation/mediation/facilitation, peer 

review panels, neutral fact finding, collaborative problem solving, use of 

sn ombudsman, mediation-arbitration and advisory arbitration, and may 

include processes which result in binding decisions. 

CHAIRPERSON: A unit employee of FISC Puget Sound, excluding Manchester 

Fuel Department, who has been appointed by the President, Bremerton Metal 

Trades Council. 

CONFIDENTIAL EMPLOYEE: An employee who acts in a confidential capacity 

with respect to an individual who formulates or effectuates management 

policies in the field of labor-management relations. 

CONDITIONS OF EMPLOYMENT: Means personnel policies, practices, and 

matters, whether established by rules, regulation, or otherwise affecting 

working conditions, except that such term does not include policies, 

practices and matters .... (1) relating to political activities prohibited 

under subchapter I11 of Chapter 73 of Title V, United States Code, as 

amended;... (2) relating to the classification of any position; or ... (3) 

to the extent such matters are specifically provided for by Federal 

statute. 

DETAIL: A detail is an assignment, on a temporary basis, of an employee to 

perform duties not covered by the official position or job description or 

definition of his or her position or rating to another position or rating 

for temporary periods of time. 
SCUSS: The ierm discuss, where used in this agreement, means the partie 

11 meet and exchange views. This is used where no agreement is necessar 

in boards, meetings of committees, etc. 

EXCLUSIVE REPRESENTATIVE: Any labor organization which is certified as the 

exclusive representative of employees in an appropriate unit pursuant to 

Section 7111 of Title V, United States Code, as amended. 

GRIEVANCE: Piny complaint (1) by any employee concerning any matter 

relating to the employment of the employee; (2) by any labor organization 

concerning any matter relating to the employment of any employee; or (3) by 

any employee, labor organization, or agency concerning... (a) the effect or 

interpretation, or a claim of breach, of a collective bargaining agreement; 

or... (b) any claimed violation, misinterpretation, or misapplication of 

any law, rule, or regulation affecting conditions of employment. 

FLEET AND INDUSTRIAL SUPPLY CENTER, PUGET SOUND, (FISCPS): Whenever the 

term Fleet and Industrial Supply Center, Puget Sound (FISCPS), is used in 

the agreement, the Fuel Department (Manchester Fuel Depot) is excluded, 

unless specif-ically included or addressed separately. 

INTEREST-BASED BARGAINING: A different approach to negotiations and 

problem solving that focuses on interests,. rather than positions and 

encourages negotiators to focus their energy on attacking the problem, and 

arriving at mutually-acceptable solutions. 

NEGOTIATE: Means the performance of the mutual obligation of the 

representative of the Employer and the exclusive representative of 

employees to meet at reasonable times and to consult and bargain in a goodfaith effort to reach agreement with respect to the conditions of 

employment. 

PARTNERSHIP: An agreement, in compliance with Executive Order 12871, to 

involve employees and their representatives as full partners in order to 

better serve customers and accomplish the Agency mission. 

PARTNERSHIP COUNCIL: A council formed of an equal number of members from 

the Union and the Employer to set the policy for partnership and steer the 

two parties in partnership actions. 

PERFORMANCE ELEMENT: A component of a position consisting of one or more 

duties and responsibilities which contributes toward accomplishing 

organizational goals and objectives and which is of such importance that 

unacceptable performance of the element would result in unacceptable 

performance in the position. 

PERFORMANCE STANDARDS: Are expressed measures of the level of achievement 

established by management for the duties and responsibilities of a position 

or group of positions. Performance standards may include, but are not 

limited to, olernents such as quantity, quality, and timeliness. 
PRIVATE: When used in Performance Appraisals, Article 12, private means 

one on one, supervisor and employee. If the Employer determines that they 

must have more than the supervisor present during such discussions the 

employee will be allowed an equal number present either union 

representatives or the employee's peers. 

ARTICLE 31. DURATION AND CHANGES 

- Section 1. This Agreement, as executed by the parties, shall remain in 

full force and effect for three (3) full years from the date of its 

complete approval by the Department of Defense. Further, it is provided 

that this Agreement shall terminate at any time it is determined that the 

Union is no longer entitled to exclusive recognition under the Civil 

Service Reform Act of 1978. On the request of either party, the parties 

shall meet to commence negotiations on a new agreement no more than 60, nor 

less than 30 days, prior to the expiration date of this agreement. If 

neither party requests negotiations per the above, the agreement will be 

automatically extended in one (1) year increments. 

Section 2. Any amendment to this agreement approved by the Department of 

Defense shall be promptly reproduced by the Employer and disseminated to 

all employees within the Unit, as mutually agreed. 

Section 3. No agreement, understanding, variation, waiver, or modification 

of any terms or conditions contained herein shall be made by any employee 

or group of employees with the Employer, and in no case shall it be binding 

upon the parties hereto unless such agreement is made and executed in 

writing between the parties hereto and approved by the Department of 

Defense. 

Section 4. The waiver of any breach or condition of this agreement by 

either party shall not constitute a precedent in the future enforcement of 

all the terms and conditions herein. 
Date /Lf &/997 

FOR THE EMPLOYER: FOR THE UNION: 

CO 

Approved by the Department of Defense on 21 January 1997, 

to be effective 21 January 1997.